Page:United States Statutes at Large Volume 30.djvu/1366

 1;-$28 FIFTY-FIFTH CONGRESS. Sess. III. OH. 429. 1899. return the proceedings before him, or any other court in which the crime in respectto which the property was taken is triablf. d Within Wim ti¤¤¤ Sec. 385. That a search warrant must be executed an returne to
 * ,'{,Y§;°;¤$`Y§:£-°Q.$¥` the magistrate by whom it was issued within ten days from its date,

unless such magistrate, before the expiration of such time, shall, by indorsement thereon, extend the time for thirty days. After the expiration of the time herein prescribed, the warrant, unless executed, is void. · Return of vsrumt Sec. 386. That the officer must forthwith return the warrant to the §.‘,';_°°h'°” °f ’"`°" magistrate and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they be present, ver- . riied by the oath of the officer, to the following effect: , that the above inventory contains a true and detailed account of all the property taken by me on the warrant." ¤•e(i,¤;¤;*~ tguzig Sec. 387. That the magistrate must thereupon, if required, deliver a · w $,?K3],,_ "° Y certified copy of the inventory to the person from whose possession the property was taken and to the applicant for the warrant. r-Messing, if Sec. 388. That if the person from whose possession the property was §,'f,.,“,§{_,°*,*,f,§"@‘{.'f,*E taken controvert the grounds of issuing the warrant, the magistrate uma. must proceed to examine the matter by taking testimony in relation thereto. . hm vm M Sec. 389. That if it satisfactorily appear that the property talren is not the same as that described in the warrant, or that there IB no probable cause for believing the existence of the grounds on which the warrant was issued, the magi trate must cause it to be restored to the pegson from yvlhom it was taken. Return ¤f ¤¤•z1¤· Ec. 390. at the magistrate must annex together the depositions t c 'strict wort at or fore e first y o the next term thereof. WQM 1><¤¤;¤mp:: Sec. 391. That a .person who maliciously and without probable cause guilt; tr mmmm- groenres a search warrant to be issued and executed is guilty of a mi - °"- cmcnnor. ruwuchbggmggn Sec. 392. That when a person charged with a crime is supposed by §§{,,“f,§’,Q‘,‘“,,{',,, $,*}*2,,,1 the magistrate before whom he is_ brought to have on his person a ¤¤· dangerous weapon, or anything which may be used as evidence of the commission of the crime, the magistrate may direct him to be searched in his presence, and direct the weapon or other thing to be retained, subject to his order or the orderof the court in which the defendant may be tried. CHAPTER. THIBTY-NINE. OF PROCEEDINGS 1N BBLATION T0 FUGITIVES FROM JUSTICE. sec. see. _ 398. Governor torppoint agent to de- 401. Magistrate may issue warrant for mand fugitive from justice. arrest of fugitive. 394. Governor may require report from 402. Proceeding'] for arrest and commitdistrict attorney. ment of gitive before magistrate. 3832: Qept cg expensgs of agent, be 403. Whzn znsgistrate to commit, and for IIB 01llIIB(36,W0l1-0 W8 lll. 397 Wdlzlivgxed t11p hly gmvergog. H nd, 404. Magistraiaa Zmqy admit person at- . V8 D V0, and whgm he mgy bz. 8 445. Magistrate toagive noticeto governor 398. Report of district attorney in rela- of commitment. tronto custody of fugitive. 406. Person arrested to be discharged 399. Wilggpe  tot Yhom gpvernor to unlzss taken under executive war- 311 0I' RXTBS . ISD 400. Executive warrant to_direct officers 4(Yl. Person causing arrest liable for costs magistrate to aid in its execu- { and expenses. Ggyggasgaigt SEQ. 393. That whenever a person charged with treason or other fel- QQ, m,,_,,,,,,,,,_ ony, in said district shall flee &·om _)ust1ce‘the governor of said district may appoint an agent to demand such fugitive of the executive author-
 * 1, A B, the officer by whom this warrant was executed, do swear
 * "°“ me xarch warrant and bzeturnéh and thebinveintory, and return them td